Conducting Internal Corporate Investigations: Collecting and Preserving Evidence, Maintaining Privilege

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Thursday, March 16, 2023

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, February 17, 2023

or call 1-800-926-7926

This CLE webinar will guide corporate counsel on the critical legal and practical considerations of conducting effective and efficient corporate internal investigations. The discussion will highlight key issues when advising business clients in this area and best practices for mitigating risks of litigation.

Description

There are many legal, business, and ethical issues inherent when companies undertake internal investigations of alleged wrongdoing. Counsel must guide clients through a myriad of complex and strategic decisions. Internal investigations may be triggered for various reasons from within and outside the company, including an internal whistleblower complaint or a request for information, subpoena, or enforcement action by an external regulator, including the U.S. Department of Justice, the U.S. Securities & Exchange Commission, the Commodity Futures Trading Commission, the Office of Foreign Assets Control, and state attorneys general.

Conducting an effective internal investigation has many benefits, although there are also risks. Some of the benefits include eliminating bad actors or unacceptable business practices, optimizing business value and reputation, and mitigating or perhaps even eliminating potential sanctions from government regulators. Some of the risks arise in the context of potential disclosure and self-reporting, public and media issues, costs and disruption to the business, and in collateral proceedings, including private civil litigation.

During the actual investigation and interviewing of witnesses, in-house and outside counsel must make every effort to preserve all relevant data, written documentation, emails, texts, instant messages, and voicemails. Any automated deletion technology should be suspended and legal holds should be issued to the appropriate individuals. It is also imperative to manage attorney-client privilege, work product protection, and confidentiality considerations.

Listen as our authoritative panel of attorneys addresses the benefits and risks of internal investigations and pre-investigation and post-investigation steps that must be considered in this heightened era of corporate scrutiny and enforcement. The panel will also offer best practices for conducting internal investigations to mitigate litigation risks for the company.

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Outline

  1. Overview of legal, business, and ethical issues
  2. Pre-investigation stage
  3. Investigation stage
  4. Post-investigation stage
  5. Best practices for mitigating risks

Benefits

The panel will discuss these and other key issues:

  • What are some benefits and risks of conducting corporate internal investigations?
  • What is the best way to handle witnesses, documents, privilege issues, and relevant evidence throughout the stages of the investigation?
  • What are best practices for strategically positioning a company to respond to potential legal and regulatory action?

Faculty

Deis, J. Gregory
J. Gregory Deis

Partner; Global Co-Chair Investigations & White Collar Defense Practice
Mayer Brown

Mr. Deis regularly represents clients in high-stakes criminal and regulatory investigations and complex civil...  |  Read More

Suárez, Mayra
Mayra C. Suárez

Counsel
Skadden Arps Slate Meagher & Flom

Ms. Suárez’s litigation experience includes conducting internal investigations on behalf of U.S. and...  |  Read More

Attend on March 16

Early Discount (through 02/17/23)

Cannot Attend March 16?

Early Discount (through 02/17/23)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

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